Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00087-SLR Document 8 Filed 05/07/2008 Page 1 of 2
& AO 472 (Rev 12/03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
DARRIN HARRIS, Case Number: 08-86-M
Defendant
In accordance with thc Bail Reform Act, 18 U.S.C. § 3 l42(f), a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving rise to federal jurisdiction had existed - that is
Q a crime of violence as defined in 18 U.S.C. § 3 I 56(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term of imprisonment often years or more is prescribed in
*
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3142(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (I) was committed while the defendant was on release pending trial for a federal, state or local offense.
Q (3) A period of not more than five years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
for the offense described in finding (1).
Q (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the
safety of (an) other pcrson(s) and the community. 1 further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment often years or more is prescribed in .
Q under IS U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part 1l——Writtcn Statement of Reasons for Detention
l find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence that
Based on the affidavit of probable cause, the report of thc Probation Office, and other information provided to the Court during the
preliminary hearing and detention hearing, the Court finds clear and convincing evidence that no combination of conditions could reasonably assure
the safety ofthe community between now and the time ofthe Defendant’s trial. The Court further finds that no combination of conditions could
reasonably assure that the Defendant would appear for all Court events in this matter.
The Court has reached these conclusions based on the following findings and for the following reasons:
the nature and circumstances ofthe offense: the Defendant is accused of being a felon in possession of a firearm. After Wilmington Police
responded to a call in reference to suspicious activity involving three males apparently attempting to gain access to the roof of a residence, the
males dispersed, contrary to the request of an officer. After an officer chased down Defendant Harris and placed him in custody, officers
found on him a crowbar as well as a Smith and Wesson 40 caliber firearm, which was not manufactured in Delaware. One ofthe other males
was apprehended, as well as an additional firearm and another crowbar. Harris had a prior felony conviction for Roberry Second Degree.
the weight ofthe evidence: is very strong. Defendant gave a statement admitting that he possessed the firearm in connection with what was an
attempted robbery. There is no dispute that the firearm traveled in interstate commerce and that the Defendant was a person prohibited.
the histog and characteristics ofthe Defendant: as already noted, the Defendant has a prior felony conviction for robbery second degree. He was
on pretrial release from the State of Delaware at the time ofthe instant offense. He has the support of his girlfriend and mother, with whom he
could reside, but is unemployed.
the nature and seriousness ofthe danger to the community that would be posed by the Defendant’s release: as a felon in possession ofa firearm,
who admits to having been in the midst ofa burglary, and who has a prior conviction for robbery, the Defendant would pose a danger to the
community if released.

Case 1 :08-cr-00087-SLR Document 8 Filed 05/07/2008 Page 2 of 2
@1 AO 472 (Rev. 12/D3) Order of Detention Pending Trial
Part III—Directions Regarding Detention
The det`endant is committed to the custody ofthe Attomey General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a
reasonable opportunity for private consultation with defense counsel. On order ofa coun ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defend tto the Unit States arshal for the purpose ofan appearance
in connection with a court proceeding, /
MAY vm 2008 Q/ ' ‘
Date Signature cfJudge
Hon. Leonard P. Stark
Name and Title 0fJtm'ge
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances import and Export Act (21 U.S.C. § 951
et seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00087-SLR

Document 8

Filed 05/07/2008

Page 1 of 2

Case 1:08-cr-00087-SLR

Document 8

Filed 05/07/2008

Page 2 of 2